More from this issue:

1. Prosecutorial Extortion: Alleged Drug Dealer Agrees to $300,000 Seizure in Face of Charges Threatened Against Entire Family, by David Reutter
2. Seventh Circuit Vacates Sentence Because Government Failed to Meet Its Burden to Support Uncharged Drug Quantity Under Rule 32, by Douglas Ankney
3. Drug Detection Dogs Are Unreliable and Reflect the Vicious Heritage of Their Slave-Hunting Dog and Police-Dog Predecessors, by Matthew Clarke
4. Texas Court of Criminal Appeals Clarifies Prejudice Standard for IAC Based on Faulty Probation Eligibility Advice Is an Effect on Defendant’s Decision Making, Not Different Outcome, by Mark Wilson
5. Everybody’s Guilty: To the Police State, We’re All Criminals Until We Prove Otherwise, by Nisha Whitehead, John W. Whitehead
6. Colorado Supreme Court Announces ‘Reasonable Likelihood’ Framework for Determining Whether Trial Court’s Comments to Prospective Jurors Lowered Prosecution’s Burden of Proof, by Douglas Ankney
7. Iowa Supreme Court: Warrantless Entry Into Home for Misdemeanor Arrest Violates Both U.S. and Iowa Constitutions and Requires Suppression of Evidence, by Mark Wilson
8. Police Often Use ‘Cover Charges’ to Mask False Arrests and Police Brutality, by Casey Bastian
9. Eighth Circuit: Government Breached Plea Agreement by Relying on Pre-Plea Conduct to Dispute Acceptance of Responsibility Despite Acknowledging Defendant Qualified for Credit in Agreement, by Richard Resch
10. California Supreme Court Announces Uncharged Lesser Firearm Enhancement May Be Substituted Under § 12022.53, by Mark Wilson
11. California Court of Appeal: Gang Enhancements Remanded for Retrial Under AB 333; Sameness Requirement Satisfied
12. Maryland Court of Appeals: Kazadi Applies to Cases Where Issue Was Preserved at Trial but Appeal Not Yet Noted at Time Kazadi Decided, by Douglas Ankney
13. Third Circuit Suppresses Evidence Found After Police Created Safety Concern to Justify Prolonging Traffic Stop, by Anthony Accurso
14. Fifth Circuit: District Court Miscalculated Sentencing Guidelines Range by Implausibly Finding Defendant Would Use All Cash Proceeds of Drug Sales Seized to Purchase More Meth to Resell, by Douglas Ankney
15. California Supreme Court Announces Conspiracy to Commit Home Invasion Robbery Not Subject to Enhancement to Indeterminate Life Sentence Under Penal Code § 186.22(b)(4), by Matthew Clarke
16. Commentary: Exploring Implications of the Supreme Court’s Expansion of Second Amendment Rights, by Professor Douglas A. Berman
17. Third Circuit: District Court’s Focus on Substance of Defendant’s Meritless Arguments in Denying Request to Represent Himself Resulted in Inadequate Inquiry Prior to Denial in Violation of Sixth Amendment, by Matthew Clarke
18. Fourth Circuit: South Carolina Marijuana Law Not a Categorical Match to Federal Law for ACCA Sentencing, by David Reutter
19. Hawai’i Supreme Court Holds Randomness and Violent Nature of Crime Alone Insufficient to Establish Exigent Circumstances for Warrantless Entry Into Suspect’s Home, by Anthony Accurso
20. Tenth Circuit: Guilty Plea Not Knowing and Voluntary Because Sentencing Court Failed to Ask Follow Up Questions After Defendant Said He’s Off His Medication and ‘Mind Isn’t Right’, by David Reutter
21. Sixth Circuit: COA Not Required to Appeal Order Denying Rule 4(a)(5) Motion for Extension of Time to File Notice of Appeal, by Douglas Ankney
22. Pennsylvania Supreme Court Clarifies Ex Post Facto Analysis Focuses on When, Not Where, Crime Occurred and Does Not Require Showing of Disadvantage to Defendant, by Douglas Ankney
23. The War in Ukraine Raises Awareness About Secure Communications During a Crisis, by Douglas Ankney
24. Inflation Transforming Petty Offenses Into Felonies, by Douglas Ankney
25. Ohio Justice Calls for Plea Bargaining Reform to End ‘Sentencing by Ambush’, by David Reutter
26. Your Data Is For Sale and Anonymization Is Meaningless, by Anthony Accurso
27. Michigan Supreme Court Announces Punishment for Second-Degree Murder and Involuntary Manslaughter When Based on Same Conduct Violates Prohibition Against Double Jeopardy, by Anthony Accurso
28. NYPD Continues Its Longstanding Tradition of Thwarting Misconduct Investigations and Evading Accountability, by Douglas Ankney
29. FBI’s ‘Rich Neighborhood’ Breach Practice, by Jayson Hawkins
30. Nebraska Company Providing Digital Wiretaps of Messaging Platforms to Law Enforcement Agencies, by Anthony Accurso
31. Quattrone Center Reveals Lack of Transparency Concerning Prosecutorial Misconduct Claims Report identifies over 7,000 instances of state attorney conduct that ‘did not comport’ with ethical, procedural, or legal rules, by Casey Bastian
32. Chicago PD Emphasizing Facial Recognition for Investigations, by Anthony Accurso
33. Illinois Limits Police Access to Data Stored by Third Parties, by Anthony Accurso
34. Border Patrol Agents Track and Spy on U.S. Journalists and Unidentified Members of Congress, by Douglas Ankney
35. ‘Freedom Commons Academy’ Provides Former Prisoners Housing and Structured Re-entry Services in Syracuse, by Casey Bastian
36. Maine’s Law Enforcement Agencies, Like Those of Most States, Don’t Track Complaints Against Police Officers, by Douglas Ankney
37. Prosecutor’s Sentencing Message to Defendant: Insist on Trial, Pay with Your Liberty, by David Reutter
38. News in Brief

More from Anthony Accurso:

• D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
• $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
• Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025
• First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
• Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
• Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025
• Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints, Feb. 1, 2025
• Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025
• Childhood Trauma Incidence Higher Among Those Incarcerated, Jan. 15, 2025
• Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized, Dec. 1, 2024

More from these topics:

• Push Notifications: Yet Another Secret Surveillance Technique, Sept. 1, 2024. Cell-Phone Location/Tracking Data, Electronic Surveillance.
• Stinging Back: Resisting Government Surveillance of Cellphones, May 15, 2024. Police State-Surveillance, Cell-Site-Location Records, Searches - Cellphones/Computers/Internet, Cell-Phone Location/Tracking Data, Cell Site Location Information ("CSLI"), Stingray, Electronic Surveillance.
• Cellular Roaming’s Inadequate Security, May 15, 2024. Police State-Surveillance, Cell-Phone Location/Tracking Data, Cell Site Location Information ("CSLI"), Electronic Surveillance.
• Googling Your Privacy, May 15, 2024. Police State-Surveillance, Cell-Phone Location/Tracking Data, Cell Site Location Information ("CSLI"), Electronic Surveillance.
• Tracking Your Cellphone Might Be Easier Than You Think, April 15, 2024. Cell-Phone Location/Tracking Data, GPS Tracking Device, Electronic Surveillance.
• A Legal Argument Against Government Purchase of Location Data, March 15, 2024. Reviews, Databases, Police State-Surveillance, Cell-Phone Location/Tracking Data, Electronic Surveillance.
• Geofence Warrants: The Mass Location Surveillance and Privacy Threat Created by Google May Be Eliminated by Its Creator, Feb. 15, 2024. Searches - Cellphones/Computers/Internet, Cell-Phone Location/Tracking Data, Electronic Surveillance, Sealing, Application, Warrants - General Search, Digital Devices.
• New Jersey Supreme Court Excludes CSLI Testimony Based on Agent’s ‘Rule Of Thumb’ Method for Determining Defendant’s Location, Feb. 15, 2024. Cell-Phone Location/Tracking Data, Application, Opinions and Expert Testimony, Expert and Opinion Testimony.
• Vendors Late to Recognize the Serious Threat of Cell-Site Simulators, Feb. 15, 2024. Commentary/Reviews, Police State-Surveillance, Cell-Phone Location/Tracking Data.
• Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment, Jan. 15, 2024. Consent, Cell-Phone Location/Tracking Data, Digital Devices, Privacy Act/Rights.